특수협박
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant was a tenant of the studio building C in the studio building B in the studio-si, and the victim D (59 years of age) is a custodian of the above studio-building.
On May 20, 2019, at around 09:40, the Defendant discovered the victim D who had arrived at this point to prevent a disturbance while drunkly under the influence of alcohol.
The Defendant, at the same time and at the same place, stated that the victim would end the lease contract in a way that the victim would continuously avoid the disturbance to the Defendant, and threatened the Defendant with the knife (the total length: 30cc., the day length: 18cc.) which was in the kitchen of the studio building C with the kitchen building C, and threatened it with the victim's way to the victim, and "the knife will die."
Accordingly, the defendant carried a knife, a dangerous object, and threatened the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of the statutes on the list of crimes scene photographs and the list of 112 Reporting Cases;
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: One to seven years of imprisonment;
2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;
3. Determination of sentence: Defendant is subject to strict punishment in light of the following: (a) in six months of suspension of sentence; (b) two years of probation; (c) there are many criminal offenses against Defendant; (d) danger of knife, which is a means of crime, and execution of the final sentence; and (e) the period of repeated crime has not elapsed.